Terms of Use. Preamble: These terms and conditions (hereinafter the "Terms of Use") describe the terms and conditions under which EZUBI provides its users with services and hosting of personal pages (hereinafter the "Service "). User (s): means any person registered by EzUbi Services and created a Multimedia Center Staff on Site EzUbi. Service (s): means the services of accommodation, provision of technical tools, including Player and sharing tools, enhancement of files, and more generally any other service offered by EzUbi and available on Site. By accepting the Terms of Use you represent and warrant to EzUbi that all functions available on the Site are in line with your needs. Media Center Staff: means a space for personal use, under its sole responsibility, store and publish their files, organize them and receive comments from visitors. Website (s): means the website located at ezubi.com and / or any other address which would supplement or replace it. Visitor (s): means any person known to the user, invited to visit permanently or temporarily, through a user name and password, the files published on the Media Center Staff a Registered User Services. Guest (s): means any person known to the user, with an email address known to the user, who will give the user access rights to its Multimedia Center Staff Community (s) means a group of users duly registered with the Service, known by the user who will invite them and grant them access rights so they can see the files of the user,. A community is made up of users known to the user, and classified by him as "family", "friend" other "with access rights given to them. File (s): means all information or data in electronic format, such as including all literary and artistic, music, sound, video, photography, text, images, comments, annotations, titles, links, multimedia modules, published and / or made available by a Registered User Services. Player (s): means the tool of dissemination and playback video files, audio and photo. The Player automatically embeds a player code in the form of computer code that allows third parties to display all files on the Media Center staff or from other sites or blog, through the Player. 1 - REGISTRATION AND ACCOUNT CREATION Access to the Service is restricted to persons with a subscription to EzUbi (hereinafter, the "User"). To use the Service, the User must complete a registration form. The User agrees to take this opportunity to provide accurate and complete. The User undertakes to update any information provided EzUbi as soon as possible. When the form is completed, an email (e-mail) confirmation is sent to the User at the e-mail that said in when registering for the Service. When all the formalities necessary for registration will be executed, the user will have an account, accessible through his user name and password EzUbi, as well as an identifier of his choice designating its Multimedia Center Staff. The user then has a space for the creation of the Multimedia Center Staff. The password is strictly confidential and personal. Any use of the Service using the password of the User is deemed to have been made by the user. In addition, EzUbi reserves the right to suspend or terminate User's account in case of abnormal or fraudulent use of its password. The User may only use the Service through his account and his master password. This contract is "a personal capacity." User may not assign, without the prior consent EzUbi all or part of the rights and obligations under these Terms. The User agrees not to sublet or make available to third in any manner whatsoever Service. EzUbi reserves the right to communicate with users on their main address for any information on the information of the evolution of these Terms or use any contact with the service EzUbi moderation. The User agrees to regularly check messages sent by EzUbi and, where appropriate, to respond as quickly as possible. Any communication made by EzUbi to the user on his e-mail primarily considered to be received and read by the user. Access to services by minors is subject to a warning to Article 4 of the Terms of Use. 2 - DESCRIPTION OF SERVICE The user can store the files necessary for the creation of its Center Staff Multimedia in the limit of storage space available to each account by EzUbi. All files or content stored on the disk space reserved for the user should be accessible directly or indirectly from the homepage of its Multimedia Center staff and report to the reproduction right and right to representation. EzUbi reserves the right without compensation and without notice to destroy any site with a file (s) or data (s) hidden (s) that are not accessible directly or indirectly by the home page. EzUbi allows the user to create a free Media Center Staff. EzUbi provides for this purpose, as a single host, the storage space and related technical tools and / or necessary for Listed Media Center Staff User to make it accessible by different receiving terminals and various communication channels (Web, mobile devices, etc..). As such, EzUbi provides the user the Player, and tools to build lists of files (the "Playlists"), the user selects one and his sole responsibility. As such, each member of the community of a user, properly registered, and its guests can access them according to their rights have been granted by the user, within the number of concurrent guests one account . Playlists are a constituent improved Player available for guests enabling them to present the selected files automatically. The Player includes a function "continuous mode", which allows playback of chained Files playlists. The Player is the property of EzUbi. Personal use of the Player does not operate any other purpose. Any third party wishing to display the player outside the Website is prohibited including any commercial or profit or any part of the Player and / or access to the Player. Accordingly, these third parties agree not to reproduce, copy, sell, resell, modify, transmit or exploit for any commercial purpose or for any compensation, benefit or advantage, direct or indirect, all or part of Player, any use of the Player or any right of access to the Player. The Player constitutes an advertising medium, as such, it is forbidden to anyone to hide, delete, edit all dissemination of advertising through the Player. For purposes of organization and functioning of the Service, the User accepts and agrees to comply with various technical constraints that may be imposed by EzUbi for the creation of its Media Center Staff. Including but not limited EzUbi may limit the size of disk space available to the user, the size or number of uploaded files on the site or impose constraints on URLs. Most of the technical constraints imposed by the User EzUbi are listed on the homepage of the Service EzUbi under "Help" accessible from the homepage of the Service. The User acknowledges and accepts that these constraints can be modified by EzUbi at any time at its discretion. EzUbi reserves the right to remove without notice and without compensation any account that does not correspond to the specifications imposed by EzUbi, or their components or features would affect the proper functioning of the hosting service, or block access to any site who consume too many technical resources, for any reason whatsoever. 3 - ACCESS CODES When registering, the user selects one access codes private and confidential, used to identify and enable a faster connection when using the Services. The User acknowledges full responsibility for the preservation of confidentiality as to their use. The user is consequently solely responsible for the use of his account. Any connection or data transmitted using the Services through its account will be deemed made by the user and under his sole responsibility. It is also clear that the User is entirely and solely responsible for the use of services by itself and by any third party whatsoever. In case of misuse of his account and / or password, the User agrees to immediately inform EzUbi. If a holder of a Personal Media Center does not use its Media Center Staff for more than two (2) months, EzUbi reserves the right, without notice or compensation to remove all or part of the Media Center Staff. 4 - WARNINGS Assuming the user is a minor, the user must first obtain permission from the parents or (or) owner (s) of parental authority on / on before the 's enter or use the Services. If access to services by minors, it is strongly recommended that parents (or holders of parental authority) to monitor the use made by their children access to services and to keep in mind that Services in question are intended to reach a wide audience and that their quality is their responsibility to determine what service is appropriate or not for their (s) Child (s) and monitor their use of do. EzUbi remember that browsers and some specific software can filter access to sensitive content or unsecured. The User is solely responsible for the acquisition, use and configuration of any such filtering systems. The User guarantees that he knows the characteristics of the Internet, including the fact that files can be intrusions by unauthorized third parties and accordingly be downloaded or corrupted, and that information circulating on the Internet are not protected against possible misappropriation, cons of possible virus, and that anyone can create a link to your file. EzUbi will in no case be liable for damages of any nature, whether accidental or caused to User or third parties caused or not by others. 5 - OBLIGATIONS OF THE SUBSCRIBER EzUbi is a community space and private conviviality which assumes that everyone has respect for others and where the rule of law applies to everyone. The User therefore undertakes to exercise reasonable care in the use of services made available. The User acknowledges being aware of the risks inherent in the use of communication services to the public online and must therefore use these services knowingly. In his capacity as editor of its Media Center Staff, Users must respect the laws and regulations. The User is solely responsible editor and files contained on the Media Center staff, including when selecting methods of making available under its responsibility for files and / or its Multimedia Center staff in general, including the Player and via playlists. EzUbi providing only technical tools for managing storage of user files and technical tools for dissemination and consultation of its files on the Web or elsewhere. It is the User to moderate comments submitted by guests or members of his community and he is solely responsible for maintaining them or not its Multimedia Center Staff. Any subsistence comment reprehensible does not respect the rules of good conduct contained in the Terms of Use may be liable to the User. It is always the User to verify the legality of its files, particularly so they do not constitute a breach of public order and decency, a violation of intellectual property rights of others, a harm to individuals and to respect for privacy, or more generally a deliberate violation or not any local laws or regulations, national or international law. The User therefore agrees that the contents of the Media Center staff is in compliance with laws and regulations and does not infringe the rights of third parties, including: - Do not affect or does not contravene public order or morality or may not offend the sensibilities of minors - Do not infringe in any manner whatsoever the rights to reputation, the privacy of others and the image. - Do not contain words or pictures derogatory, defamatory or damaging to the image or reputation of a mark or any person or entity in any manner that whatsoever. - Do not submit pornographic or pedophile. - Do not propose the sale, donation or exchange of property stolen from misuse, fraud, breach of trust or any other criminal offense. - Do not offer content that is expensive and / or commercial. - Do not infringe the intellectual property rights of any person whatsoever. - Does not incite hatred, violence, suicide, racism, antisemitism, xenophobia, makes no apology for war crimes or crimes against humanity, - Does not incite discrimination against a person or group of persons because of their ethnicity or religion, - Do not undermine the security or integrity of a State or territory, whatever - No incentive to commit a criminal offense or an act of terrorism. - Do not allow third parties to obtain pirated files that may harm or interfere in any manner whatsoever the rights or property of others. In addition, the owner of the Multimedia Center Staff guarantees hold or dispose of all permits required under intellectual property rights (such as copyright, neighboring rights, trademark rights) and generally all rights (such as such as personality rights) relating to its Multimedia Center staff and its files for all operations on all electronic communications networks, including Internet worldwide and their use in the Multimedia Center Staff reports to the reproduction right and right to performance. The User is solely responsible for any hyperlinks created from its Media Center Staff. Where such authorizations and rights would include operating restrictions, the User agrees to abide by them. In other cases, for use, reproduction, representation or communication to the public of a work of the mind belonging to third and protected by law, the User agrees to obtain an authorization or license holders of those rights, under the conditions laid down by law. The User agrees not to include its Media Center Staff addresses or hyperlinks to external sites that are contrary to the laws and regulations that violate the rights of third parties or which are contrary to these Terms of use. The User agrees not to include its Media Center Staff, in any form whatsoever, an announcement that advertising or promoting in any manner whatsoever to a website or a company carrying a competing activity than EzUbi. User may not sell or make available to third parties, against payment or free services offered by EzUbi. It is recalled that the advertising and sponsorship business for goods, services or promotion Files that are not those of the User is prohibited on the Media Center Staff of the User and are therefore likely to be deleted EzUbi soon as it becomes aware. The User is informed that EzUbi may be required to disclose any content to comply with applicable laws or whether, in good faith, EzUbi believes that such action is necessary, particularly in the context of legal proceedings, including enforce these Terms of Use, to respond to complaints and / or claims alleging infringement of third party rights, to protect the rights or interests EzUbi, its users or the public without this list being limited. In case of non-compliance with the provisions of the Terms of Use EzUbi reserves the right without notice and without compensation, to suspend the execution of all or part of the Services, delete all or part of the Media Center Staff, of User close the account and block any new application, and / or consider this contract as simply automatically terminated immediately and without any formalities, including legal, without prejudice to any damages which EzUbi or any third parties could claim. 6 - REPORT CLEARLY ILLEGAL CONTENT EzUbi is legally bound to any general obligation to monitor content stored and / or transmitted via the Site. Under existing regulations, EzUbi established on the site an easily accessible and visible to everyone, or is not on the Site, to report, via the button "report as illegal" on this link html EzUbi Site, the following offenses: - Condoning violations of voluntary life, voluntary damage the integrity of the person and sexual assault, war crimes, crimes against humanity or crimes of collaboration with the enemy; - Incitement to hatred or racial violence against a person or group of persons because of their origin or their belonging or non-membership of an ethnic group, nation, race or religion; - Incitement to violence; - Violations of human dignity; - Child pornography; - Pornography or scenes of extreme violence may be viewed by minors. To report such illegal activities, the notifier is not bound by the forms of notification as provided below for other illicit activities. EzUbi will not receive reports of crimes other than those specified above which would be reported through the device online. EzUbi promptly inform the competent authorities of all illegal activities mentioned above. EzUbi recalls that under the legislation, for any person to submit to EzUbi, content or activity as illegal in order to obtain the withdrawal or to stop the broadcast while she knows that information inaccurate, is punishable by one year imprisonment and 15 000 euro fine. Under current legislation, EzUbi remove any information or make access impossible, and this soon as it becomes aware of manifestly unlawful information may be included within the Media Center Staff of the User, as defined Decision of the French Constitutional Council of June 10, 2004. Anyone wishing to inform EzUbi the presence of a manifestly unlawful information on a Media Center staff can inform EzUbi determined according to the forms required by law, by giving notice by registered letter with return receipt to the EzUbi all the following information: - The date of notification; - The identity of the notifier if a natural person: name, occupation, residence, nationality, date and place of birth, if a legal person: its form, its name, its headquarters and the body that is legally; - Name and address of the recipient, or if a corporation, its name and headquarters; - Description of the facts and the exact location; - The reasons for which the file should be removed, including the reference of the legal and factual justification; - Copy of correspondence addressed to the owner of the Multimedia Center staff with information and activities in question asking interruption, withdrawal or modification, or justification of what the owner says has been contacted. 7 - RESPONSIBILITY OF EZUBI EzUbi can not be held responsible for the content of Personal Media Center User. The User agrees and acknowledges that it is solely responsible for the information, text, images, data files in its Media Center Staff. The User agrees to be his personal affair and EzUbi release of all liability, loss, claim, dispute, damage or expense, including legal fees and defense, claimed by a third by another user because of its Multimedia Center Staff. The Service is designed for private use. EzUbi is under an obligation of means in the context of these and do not in any way be liable for any loss, injury or consequential damages of any nature whatsoever arising from the management, use, operation, d ' an interruption or malfunction of the Service. The User acknowledges being solely responsible for hypertext links and Internet addresses that includes its Media Center Staff and guarantees EzUbi, its officers, agents and employees against any dispute or claim relating to such links. EzUbi cons do not guarantee and can not be held responsible for lost or corrupt files or data the user transfers its Media Center Staff. The User agrees to transfer data and files under its sole responsibility and informed consent. It is for the user to perform any safeguard measures he deems necessary. EzUbi reserves the right to include a banner or a popup ad on the Media Center Staff of the User, regardless of the advertiser. In any case, you may not charge a price or compensation from EzUbi or advertiser. EzUbi reserves the right to delete, edit, remove this banner ad without permission from the user. Similarly, no guarantee can be made by EzUbi about the consequences of any kind related to access time or service time data load and more generally to include deadlines by congestion on the Internet or telephone . Without limiting any other provisions of these Terms of Use and in any event, EzUbi can not be held responsible for skills, behaviors and material actors of the Internet. EzUbi is not responsible for such access speeds and download failures of the telecommunications network, failures of public or private operators which depends EzUbi, failures of grid electricity, and more generally failures or nuisance any natural or legal person may intervene or whose activity or behavior can affect in any manner whatsoever, on the Internet and its functioning. EzUbi does not guarantee that the equipment owned or used by the user is compatible with the Service. EzUbi can not be held liable for damages suffered by the User or third on the deletion of a Media Center Staff and / or data files contained therein. The User agrees to be his personal affair and EzUbi release of all liability, loss, claim, dispute, damage or expense, including legal fees and defense, claimed by one third due to the closure of a site or generally, breach by User of any provision of these Terms. 8 - INFORMATION AND PRIVACY Under existing regulations, the data collected are necessary for the Services. Unless the user agreement, personal data are not subject to any disclosure to third parties. Subject to prove his identity, the user has a right to access, modify, rectify and delete data concerning him or by accessing their account or by writing to EzUbi at following email: contact@ezubi.com, or at the headquarters EzUbi as mentioned in the Legal Notice. Under Law No. 78-17 of January 6, 1978, the User may at any time access to personal information about him held by EzUbi, request changes or deletion. Thus, under Article 36 of the Data Protection Act, he may ask to be rectified, completed, clarified, updated or erase any information on that is inaccurate, incomplete, misleading, outdated or whose collection or use, disclosure or storage is prohibited. EzUbi may be required to use the personal information of the user to target banner ads or to optimize its access to all services subject to registration. Because of its registration, the User agrees to receive the newsletter of EzUbi, and receive marketing messages about products or services similar present and future provided by EzUbi. The user can object at any time upon receipt of these messages by writing to ezubi the addresses listed above or by clicking on the unsubscribe link at the bottom of messages it can receive. If, despite his opposition, the user continues to receive promotional offers, Users should contact EzUbi. It is also recalled that the data the user types can be used for aggregation and statistics automatically, without being made to link these uses and their personal data. The data can be combined with information from other services EzUbi or third parties in order to make the user experience and, where appropriate, propose Files and / or personalized services. To improve the quality of its service and to better meet the needs of its users, EzUbi may be required to collect personal data on the User, including the use of markers (cookies). 9 - DURATION - TERMINATION These Terms of Use are concluded for an indefinite period. Either party may terminate it at any time without notice, without cause and without compensation. The termination of this Service does not entail ipso jure termination of the subscription to access EzUbi. In case of breach by User of any of these Terms of Use or if the user has a behavior inconsistent with the terms hereof, EzUbi reserves the right, without notice and without compensation, to close the account
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